HomeMy WebLinkAbout4C, Extend Filing for Lake Johanna Woods
-
__ES
Request for Council Action
~
Prepared By: Meagan Beekman, City Planner
Council Meeting Date: September 29, 2008
Second Amendment Extending the Filing Deadline for the Final Plat of lake
Johanna Woods
Budgeted Amount:
$0.00
Actual Amount:
$0.00
Funding Source:
Recommendation:
Approve a Second Amendment to Condition Eleven for Planning Case 06-039, the Final
Plat of Lake Johanna Woods, to Extend the Final Plat Filing Deadline to September 29,
2009.
Supporting Documents:
1. Filing Extension Request, Final Plat Map, and Final Plat Conditions of Approval
~
~~HILLS
MEMORANDUM
DATE: September 29, 2008
TO: Mayor & City Council
FROM: Meagan Beekman, City Planner
SUBJECT: Planning Case #06-039
Final Plat of "Lake Johanna Woods" Extension Request
Arlene Boutin
1600 Lake Johanna Boulevard
Reauest
Approve a Second Amendment to Condition Eleven for Planning Case 06-039, the Final Plat of
Lake Johanna Woods, to Extend the Final Plat Filing Deadline to September 29, 2009.
Backl!round
On March 12, 2007, the City Council approved a Final Plat for Lake Johanna Woods to
subdivide 1600 Lake Johanna Boulevard into three conforming lots (Attachment 4F-l):
Lots A roved Lot Size (s . ft.)
Lot 1 45,680
Lot 2 33,985
Lot 3 32,527
Total 112,192
Condition eleven required the property owner to file the Final Plat with Ramsey County within
180 days of the approval date. At the September 5, 2007, City Council meeting, the applicant
requested, and was granted, an extension to September 5, 2008, to file the Final Plat with
Ramsey County. The applicant is now requesting a second one year extension to September 29,
2009, to file the Final Plat with Ramsey County. While the deadline to file the Final Plat has
expired, the applicant did submit the request prior to the expiration; however, Staffwas unable to
bring it before the Council before the September 29, 2008, meeting.
\\Metro-inet.us\ardenhills\Planning\Planning Cases\2006\06-039 Boutin - Lake Johanna Woods Final Plat (APPROVED) \092908 - CC Report-
Boutin Final Plat Extension 2.doc
Page 1 of2
Property owners commonly use the proceeds from the lot sales to pay the park dedication fee.
Since the lots have not sold, the applicant stated in her letter that the she does not have the funds
to pay all or a portion of the park dedication fee at this time. The final plat conditions of
approval require payment of the park dedication fee prior to the City executing the final plat.
The final plat cannot be filed with Ramsey County until the City executes the final plat.
The original development approved by the City Council did allow the City Attorney to set up a
payment program for Ms. Boutin. The payment plan is outlined in the City's subdivision
ordinance, and it permits the property owner to pay one-third of the fee up front and the second
two-thirds within eighteen months of the approval date. The property will likely enter into a
payment agreement prior to the expiration of the requested extension.
Recommendation
Staff is recommending approval of the final plat filing extension request. If the final plat
approval is allowed to expire, the applicants would be required to go through the preliminary and
final plat process again. Since there have not been any changes to the City's subdivision or
zoning ordinances since the final plat was approved, a new review process would likely not
produce a different outcome for the application. The lots do still meet the requirements of the
subdivision and zoning codes.
All of the other conditions from the final plat approval and subsequent development agreement
would continue to apply.
Deadline for A!!encv Actions
The Final Plat approval will expire unless a second extension is approved.
Attachments
A - Filing Extension Request, Final Plat Map, and Final Plat Conditions of Approval
\\Metro-inet.us\ardenhills\Planning\Planning Cases\2006\06-039 Boutin - Lake Johanna Woods Final Plat (APPROVED) \092908 - CC Report-
Boutin Final Plat Extension 2.doc
Page 2 of2
Attachment A
Filing Extension Request, Final Plat
Map, and Final Plat Conditions of
Approval
September 29, 2008, City Council Meeting
~
~HmES
1245 West Highway 96
Arden Hills, Minnesota 55112
Telephone (651) 792-7800
Fax (651) 634-5137
www.ci.arden-hills.mn.us
For Office Use Only
Planning Case No.
Submittal Date
Application Completed Date
Accepted by
Receipt Number
Council Decision
Council Decision Date
2008 LAND USE APPLICATION
Apl?licant Information , . ,
~cant: fhde:YJ~tl.
Address: lbOQ ~k~~~n V1CL ~/vd.
~ephon~!'Jo.:W;7:::. ~ b-27 S-~ Other: _ ~
~ax No.: b 5 (- b:3 b --.. ? f ..J O. .... ." _ . . .
Emai/_A~Lt.y~(i) Ad-~LJ!12~
Property Information
--p~ope.rty Owner: . ~.~ ~
Owner Address: Ii
~, f) 0/\ )~
. ~~---=
Owne!:...Telephone NOLq ~'t. _.' Other:
. Address of Property Involve~.::z; It ct... mQ t1. W ~CXA ~ -- tf d ~ a:.. ~- e b +- 'h 0 b 0 ''1 -e.-
l
Zone: .~ r '1-
Type of Reauest*
o Apportionment of Assessments ($30)
o Comprehensive Plan Amendment ($450)
o Conditional Use Permit or Amendment ($350)
o Final Plat ($200+ $25 per lot)
o Master Planned Unit Development ($600+escrow)
o Final Planned Unit Development ($200)
o Planned Unit Development Amendment ($350)
o Zoning Code Amendment ($450)
fa Land Use Requests - Not Already Specified ($150)
o Appeal of Administrative Decision ($75)
o Minor Subdivision (lot split/consolidation) ($325+escrow)
o Preliminary Plat ($400 + $25 per lot + escrow)
o Variance (Zoning Code) ($325)
o Site Plan Review ($400)
Revised: 12-12-07
Page lof3
Property Acreage:
z
~'~-
o Rezoning ($450)
o Site Plan Review (Sign or Fence) ($250)
o Vacation of Easement or Right-of-Way ($300)
*Certain applications are subject to review
and approval by the Rice Creek Watershed
District. Contact RCWD directly at 763-
398-3070 for additional information.
*The land use application fees do not cover
building, sign, or other permit fees that may
be required upon approval of a land use
application.
*AII applications may be subject to
additional fees for reimbursement of
consultant costs associated with filing,
reviewing, and processing of application in
the form of an escrow to the City.
Brief Description of Request (olease also include a tyoed. detailed letter exolaining the oroiect):
Filina & Information Reauirements
The City requests that you make a pre-application meeting with the City Planner to discuss the
application process, requirements, and deadlines. Unless waived by the City Planner or Planning
Commission, a certified survey of the property is required for aU applications. The Planning Commission
and/or City Council may still require a certified survey. A checklist for other required information is also
avai lable.
Complete/Incomplete Applications
An incomplete application will delay the processing of land use requests. The application approval time
commences and an application is considered officially filed when the City Planner has received and
examined the application and determined that the application is complete. A decision on whether the
application is complete or incomplete shall be made within fifteen (15) working days fonowing the
submittal of the application. When the application is deemed to be "complete" it shall be placed on the
agenda of the first possible Planning Commission meeting provided that al required public notices have
been sent and published.
Payment of Fees
The undersigned acknowledges that she/he understands that before a land use application can be
deemed complete, all required information and fees (including all deposits) must be paid to the City. If
additional fees are required to cover costs incurred by the City, the City Planner has the right to require
additional payment from one or more of the undersigned, who shall be joinUy liable for such fees. Such
expenses may include (but are not limited to) direct city payroll and overhead costs, fees paid to
consultants and other professionals, and the cost of printing, mailing, and supplies. The City may
withhold final action on a land use application, withhold building permits, and/or rescind prior action until
all miscellaneous fees have been paid. Applicants are advised that an escrow deposit is required at the
time of the submittal of the land use application to offset costs associated with the proposed project.
Unused portions of an escrow are returned to the applicant upon successful implementation of an
approved plan.
Notice of Meetina Attendance
In order for the Planning Commission and the City Council to consider any application, the applicant or a
designated representatiw must be present at the scheduled meeting. If not, the matter may be tabled
until the next available agenda.
Revised: 12-12-07
Page 20f3
Agenda Deadline and Meeting Schedule
The deadline for submittal of land use applications is required according to the schedule outlined below.
There are no exceptions. Planning Commission meetings are typically held on the first Wednesday of
each month at 6:30 PM, though please contact City Hall to verify the meeting date and time. City Council
meetings are held typically the last Monday of the same month at 7:00 PM. Meetings are held in the
Council Chambers at the City of Arden Hills, 1245 West Highway 96, Arden Hills, Minnesota 55112,
unless otherwise stated. Applicants are advised that additional meetings and/or workshops are
scheduled when necessary upon approval of the Planning Commission.
2008 SCHEDULE (*subject to change)
APPLICATION
DEADLINE
DA TE*
TENTATIVE
PLANNING
COMMISSION
MEETING*
(Generally held on the
first Wednesda at 6:30 .m.
TENTATIVE
CITY COUNCIL
MEETING
DA TE*
(Generally held on the
last Monda at 7:00 .m.
Acknowledgement and Sianature
I acknowledge that I have read all of the information listed in the City of Ard~n Hills Land Use Application
and fully understand that I am responsible for all costs incurred by the City related to the processing of
this a72~ f -Jcf --0 Y
Property Owner Signature (Required) Date
Applicant Signature (If different than the property owner)
Date
Please contact the City Planners Office at (651) 792-7800
if you have any questions regarding this application.
Additional copies of this application form are available on the City's website:
http://www.ci.arden-hills.mn.us
Revised: 12-12-07
Page 3 of3
1600 Lake Johanna Blvd.
Arden Hills, Mn. 55112
August 28, 2008
Arden Hills City Council
Arden Hills, Mn.
City Council Members,
I am requesting a one year extension of fmal registration of the 2 building lot plats I own
and which were granted by the city about 1 year ago. These lots are adjacent to my
residence.
The timing of the completion of the plats was not of my choosing and occurred when the
city completed the storm sewer project on Siems Court. The cost of preparation of the
plats was $100,000 which I had to borrow. I continue to pay on that loan while I list the
lots, but due to the real estate market, I have had no offers. Paying the additional park
dedication fee at the same time would be a considerable hardship.
Please consider favorably this financial relief for me.
Respectfully,
~^
A. Boutin
i
II; ""
:::I "ijj
..@.. >'" ~ ~
II .. .......a.~
'" .5 ""l:'~ <>>1
~jlf:?;. .i!ltz
"&... ... ...... ....0. m. ... .... .~. . ..... ..1:....%. ......... i;fl........"'"' 'IV .. ....a..u .. .....: ....8. .... :.....~. ......11.. .
'tv: ...... e ....m. 'J......'*"'! .2 . '~.. ~ .!i
c... .... .....I.........~.. .... '. .....!.. . ...~.. ttj.. aX .~
f.. ~..,O 15...~..,
March 13, 2007
Arlene Boutin
1600 Lake Johanna Blvd
Arden Hills, MN 55112
Re: Planning Case #06-039
Final Plat of "Lake Johanna Woods"
1600 Lake Johanna Blvd
Dear Ms. Boutin:
At their March 12th, 2007, meeting, the City Council approved your Final Plat of Lake Johanna Woods
subject to the following thirteen conditions:
1. The applicant shall continue to be subject to all of the conditions for the preliminary plat as
approved in Planning Case 06-026.
2. The applicant shall conform to all requirements for Final Plats in Chapter 12 of the City Code.
3. The plans shall be amended to be in full compliance with the City Engineers memo dated January
25, 2007. The revised plans shall be submitted prior to the City signing the Final Plat.
4. The applicant shall be responsible for raising the manholes to the final elevation prior to the City
signing the Final Plat.
5. The applicant shall pay a park dedication fee of $12,552 prior to the City signing the Final Plat or
on a payment schedule determined by the City Council and subject to City Attorney review.
6. The applicant shall be responsible for ensuring the viability of the six Colorado spruce trees along
the hillside for a period of two years. Should any of the trees die during that time, the applicant
shall replace the trees within thirty days or at the beginning of the next growing season as
determined by the City Forester. This condition shall remain in place for two years after the Final
Plat is filed with Ramsey County.
7. No additional trees shall be removed from the forty (40) foot setback area along Siems Court
without prior approval from the City Forester and City Planner. If any additional trees are
removed from the setback area by manmade forces, the City shall require the replacement of 125
percent of the removed caliper inches of trees. If any additional trees are removed from the
setback area by manmade forces, the City shall require the replacement of 100 percent of the
removed caliper inches of trees. The removed trees shall be replaced within thirty days of
removal or at the beginning of the next growing season as determined by the City Forester. The
replacement tree species, size, and planting location shall be subject to City Forester and City
Planner approval. This condition shall remain in place for two years after the Final Plat is filed
with Ramsey County.
8. The applicant may plant trees and other vegetation within the City's drainage and utility easement
with prior approval from the City Engineer and City Forester.
9. All three lots shall use Lake Johanna Blvd as the official access point to the property.
10. The City Attorney shall prepare a development agreement that shall be subject to City Council
approval. The development agreement shall be signed by the property owners prior to the City
signing the Final Plat.
11. The developer shall file the Final Plat with the Ramsey County Recorder and provide the City
with a recorded copy within 180 days of approval.
12. The property owner shall not restrict the City's access to the drainage and utility easement area.
The City shall not be responsible for the cost of replacing, removing or repairing any damage to
any fences or structures in the drainage and utility easement area.
13. A temporary fence shall be placed between the construction area and the areas not approved for
tree removal prior to any additional grading work on the property. The fence shall not be
removed until all grading work is completed. The fence's location and the fence removal shall be
subject to City Engineer and City Planner approval.
Please note that condition 11 requires you to file the Final Plat with Ramsey County within 180 days of
the Final Plat approval. If you cannot meet this deadline, you must request an extension before the end of
the 180 days. A copy of the resolution approving the Final Plat is enclosed for your records and may be
needed when filing the Final Plat with Ramsey County.
As part of the Final Plat approval process, you must sign the enclosed Developer Agreement in the
presence of a public notary and return the original copy to the City prior to the City signing the Final Plat
for recording with Ramsey County. The Development Agreement incorporates the ongoing conditions
from the preliminary plat approval and the final plat into a legally enforceable document. You will be
expected to comply with the conditions of the Development Agreement throughout the project.
Part H of the Development Agreement requires you to submit soil information to demonstrate that Lots 2
and 3 are buildable. Tim Carlson has submitted that information on your behalf, and it is currently being
reviewed by City Staff.
Finally, part G of the Development Agreement requires a park dedication fee of $12,552. You can pay
the full amount to the City prior to filing the Final Plat with Ramsey County, or you may enter into an
installment agreement drawn up by the City Attorney. The installment agreement would require payment
of 1/3 of the park dedication fee prior to filing the Final Plat, and the remaining 2/3 would need to be paid
within 18 months of approval or upon issuance of building permits, whichever occurs first. You would be
expected to pay interested on the unpaid balance. If you are interested in the installment option, please
contact me.
If you have any questions, please feel free to contact me at (651) 792-7819 or by email at
i ames.1 ehnho ff@ci . arden-hills .mn. us.
Sincerely,
James Lehnhoff
City Planner
Cc: Planning Case File 06-039